Setting up a US Charity – A step by step guide

Before you begin this journey you should seek legal advice from a US based lawyer that has experience in the nonprofit sector. You should also note that tax returns will need to be made annually to the IRS, and you will need support from a US accountant. Both these professional services will incure costs.

Research and Planning

Define your charitable purpose and mission.
Research similar organizations to understand their activities and structure.
Develop a business plan outlining your organization’s goals, programs, and funding sources.

Choose a Name

Choose a unique and descriptive name for your organization.
Ensure the name is available and not already used by another entity.

Incorporate Your Organization

Choose the state where you want to incorporate your nonprofit.
File articles of incorporation with the appropriate state agency.
Include specific language in your articles of incorporation to meet IRS requirements for 501(c)(3) status.

Appoint Board of Directors

Assemble a board of directors that shares your organization’s vision and mission.
Define roles and responsibilities for each board member.

Draft Bylaws

Create bylaws that outline how your organization will be governed and operated.
Include provisions required by the IRS for 501(c)(3) status.

Apply for an EIN

Obtain an Employer Identification Number (EIN) from the IRS. This is like a social security number for your organization.

File for 501(c)(3) Tax-Exempt Status

Complete Form 1023 (Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code) or Form 1023-EZ (a simplified version for eligible organizations).
Pay the required filing fee (if applicable).

Wait for IRS Approval

The IRS will review your application and may request additional information or clarifications.
Once approved, you’ll receive a determination letter confirming your 501(c)(3) status.

State Registration

Depending on your state, you may need to register with the state’s charity regulator or solicitation office to fundraise legally.

Compliance and Reporting

Maintain compliance with IRS regulations, including filing annual Form 990 informational returns.
Follow state reporting requirements.
Keep accurate records of financial transactions and activities. 

Fundraising and Operations

Begin fundraising and implementing your charitable programs.

Please note that setting up a 501(c)(3) charity involves legal and administrative processes that may vary depending on your location and specific circumstances. It’s advisable to consult with legal and financial professionals who specialize in nonprofit law to ensure that you navigate the process correctly and meet all the necessary requirements.

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Forbes provides useful information on how to set up a US charity here.
Investopedia also provide useful information